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(영문) 광주지방법원 목포지원 2018.06.20 2017가단3961
계약금반환 등
Text

1. As to the Plaintiff’s KRW 48,00,000 and KRW 46,000 among them, the Defendant shall pay to the Plaintiff KRW 46,00,000 from July 5, 2017.

Reasons

1. Facts of recognition;

A. On December 26, 2016, the Plaintiff and the Defendant claimed that the Defendant would grow in the dry field located in Jeonnam-gun, Jeonnam-gun, Seoul, and that the Defendant was the subject matter of the instant contract. However, there is no evidence to acknowledge this. The Plaintiff concluded a contract with the Defendant to purchase the dry field at KRW 88,00,000 (hereinafter “instant contract”); the said dry field was called “the dry field”; the said dry field was called “the dry field”; when there is no need to distinguish it, the Plaintiff intended to purchase the paddy field and the Defendant indicated 1 as “agricultural products” only.

Of the instant contracts, the part relating to the instant case is as follows.

The contract area of the standard contract for agricultural products (e.g., drilling) : Total purchase amount of four parcels (8,000 square meters, 7,500 won per square meter) and two parcels (4,000 square meters per square meter, 70 million won per square meter): The intermediate payment of KRW 38,00 million: the remainder of KRW 14 million at the time of sales and distribution: the balance of KRW 14,00,000 per week prior to shipment and the balance of (G.P.X verification).

B. Pursuant to the instant contract, the Plaintiff paid the Defendant a down payment of KRW 30 million on December 27, 2016, and the intermediate payment of KRW 13 million on March 2, 2017, and issued the seeds of KRW 3 million.

C. Since then, the Plaintiff and the Defendant agreed to cancel the instant contract on March 8, 2017, upon the occurrence of disputes regarding the cultivation of agricultural crops under the instant contract, and accordingly, the Defendant, on the same day, prepared a cash car certificate (Evidence A 3; hereinafter “the instant loan certificate”) stating that “46 million won shall be paid by March 30, 2017,” which provides that the Plaintiff shall be paid by March 30, 2017.

On May 6, 2017, the Plaintiff paid KRW 2 million to the Defendant upon the Defendant’s request that the pesticide price be required.

E. From May 13, 2017 to about 10 days after the survey without the Defendant’s consent, the Plaintiff placed a sign sign sign “A (Plaintiff), contract farmer (B, Defendant), contract area, item (f)” in part of the dry field of this case (hereinafter “the sign of this case”) and removed it again.

grounds for recognition.

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